LEGAL PRINCIPLE: EVIDENCE LAW — Traditional Evidence — Treatment of Traditional History as an Indivisible Package
PRINCIPLE STATEMENT
Each traditional history may be likened to a package. The court, having complied with the law, is entitled to accept one package or the other. It may not, however, broach the package it has accepted and then reject some of its contents.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Morenikeji & Ors v. Adegbosin & Ors (2003) NLC-171999(SC) at pp. 17–18; Paras E–B.
"Each of the traditional histories called by the parties may be likened to a package and that the court, having complied with the provisions of the law, was entitled to accept one package or the other. It may not however broach the package it had accepted and then reject some of its contents."
EXPLANATION / SCOPE
Traditional history is accepted or rejected as a whole. The principle applies to land disputes. The court cannot pick and choose parts of a tradition. The rule ensures consistency. The accepted tradition must be taken in its entirety. The principle is well-established.